Land records · Parcel maps · October 6, 2026
What Is a Memorandum of Lease? Recording a Lease
What is a memorandum of lease? A short recorded document that gives public notice of a lease without revealing its full terms. What it includes and why.
What is a memorandum of lease? It is a short document, signed by the landlord and tenant, that is recorded in the county land records to give public notice that a lease exists. Instead of recording the entire lease, with its rent and private terms, the parties record a summary naming the parties, the property, the term, and key rights such as renewal options or a right of first refusal. Anyone searching the title then knows the tenant has rights in the property. This page is general land-records background, not legal advice.
Why record a lease at all?
Under recording laws in most states, a buyer or lender who has no notice of an unrecorded interest may take the property free of it in some situations. Long leases are valuable property rights. Recording a memorandum protects the tenant if the owner sells, refinances, or goes into foreclosure, because later buyers and lenders are on notice.
What a memorandum usually includes
| Item | Purpose |
|---|---|
| Landlord and tenant names | Identifies the parties |
| Legal description | Ties the lease to the land records |
| Lease date and term | Shows how long rights last |
| Renewal or extension options | Notice of future rights |
| Options to purchase or rights of first refusal | Notice of purchase rights |
| Exclusive-use or restriction clauses | Notice of limits on the owner’s other tenants |
| Signatures and acknowledgment | Required for recording |
Rent, financial terms, and operating details usually stay out of the recorded document.
Who uses them
Memoranda are common for commercial leases, ground leases, cell tower and billboard leases, solar and wind leases, and farm leases with long terms. Some states require recording of leases over a certain length, such as more than one or three years, to bind later purchasers. See what is a ground lease.
Finding one in a title search
A memorandum of lease shows up in the grantor-grantee index under the landlord’s name and sometimes the tenant’s. Title commitments list recorded leases as exceptions to coverage. If you are buying property with a memorandum on record, ask for the full lease to understand the obligations you may be taking on. See how to do a title search and what is a title commitment.
Ending or releasing a memorandum
When a lease ends, the memorandum remains on record unless a termination or release is recorded. An old, expired memorandum can still show up as an exception and slow a sale. Ask the former tenant to sign a release or termination of memorandum of lease, or rely on state laws that treat expired notices as void after a period.
Memorandum vs full lease recording
Recording the full lease gives the same notice but exposes rent and private terms to the public. Some counties charge recording fees by page, which makes a short memorandum cheaper too. Either way, the full lease controls if there is any conflict between it and the memorandum.
Bottom line
A memorandum of lease is a short, recorded summary that puts the public on notice of a lease and key rights such as options and renewals, without disclosing the full terms. It protects tenants against later buyers and lenders and shows up in title searches. Record a release when the lease ends. Find county recorders via the Platbookmapper map.
What is a memorandum of lease FAQ
Is a memorandum of lease the same as a lease?
No. It is a recorded summary that gives notice of the lease. The full lease contains the actual terms.
Why would a tenant record a memorandum of lease?
To protect lease rights if the owner sells, refinances, or faces foreclosure.
Does a memorandum of lease show rent?
Usually not. Financial terms are typically kept out of the recorded document.
Who signs a memorandum of lease?
Usually both landlord and tenant, with signatures acknowledged for recording.
How do I remove an expired memorandum of lease?
Record a termination or release signed by the tenant, or follow your state’s rules for expired notices.